Judge: Daniel M. Crowley, Case: BC682558, Date: 2022-09-27 Tentative Ruling
Case Number: BC682558 Hearing Date: September 27, 2022 Dept: 28
Defendant
Rajeshkumar Patel dba Poolside Inn Motel Motion to Compel Plaintiff to Submit
to Independent Medical Exam
Having
considered the moving papers, the Court rules as follows.
BACKGROUND
On
December 3, 2020, Plaintiff filed a FAC, removing the cause of action for
private nuisance.
On
May 14, 2021, Poolside filed an answer.
On
June 15, 2022, Defendant filed a Motion to Compel Plaintiff Todd Johnson’s
Deposition to be heard on September 20, 2022.
On
June 17, 2022, Defendant filed a Motion to Compel Plaintiff to Submit to an IME
to be heard on September 27, 2022.
Trial
is currently scheduled for November 3, 2022.
PARTY’S REQUESTS
Defendant requests the Court order
Plaintiff to appear for a psychology exam with Alan A. Abrams, M.D., J.D., FCLM
on June 23, 2022, at 10:00 a.m. via virtual videoconference.
LEGAL STANDARD
Code
of Civil Procedure §2032.310 (a) requires a party to obtain leave of court if
it wishes to obtain discovery by an additional physical exam or any mental
exam. Subdivision (b) provides that a motion shall “...specify the time, place,
manner, conditions, scope, and nature of the examination, as well as the
identity and the specialty, if any, of the person or persons who will perform
the examination. The motion shall be accompanied by a meet and confer
declaration under Section 2016.040.” Such a motion may only be granted on good
cause shown. (CCP §2032.320(a).)
DISCUSSION
Plaintiff
alleges that, as a result of the subject incident, he suffered from severe
emotional distress that he has treated by visiting a psychologist. Plaintiff
has put his mental state and cognitive conditions at issue, giving the Court
good cause to grant the motion. The Court notes that the date requested has
long passed, and instead sets a date for 30 days from the hearing on the
motion.
CONCLUSION
Defendant Rajeshkumar Patel dba Poolside Inn Motel Motion to
Compel Plaintiff to Submit to Independent Medical Exam is GRANTED. Plaintiff is
ordered to appear for a psychology exam with Alan A. Abrams, M.D., J.D., FCLM
on a mutually agreed upon date within 30 days of the hearing on the motion.
The limitations to be placed on the
examinations are discussed in the discussion paragraph.
Moving party is ordered to give
notice of this ruling.
Moving Party is ordered to
file the proof of service of this ruling with the Court within five days.
The parties
are directed to the header of this tentative ruling for further instructions.